Texas Water Commission v. Lakeshore Utility Company, Inc. ( 1994 )

TWC Enforcement Order Appeal IN THE COURT OF APPEALS, THIRD DISTRICT OF TEXAS,

AT AUSTIN









NO. 3-93-416-CV





TEXAS WATER COMMISSION,

APPELLANT

vs.





LAKESHORE UTILITY COMPANY, INC.,

APPELLEE

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 299TH JUDICIAL DISTRICT

NO. 481,027, HONORABLE PAUL R. DAVIS, JR., JUDGE PRESIDING

This appeal arises from an enforcement action brought by the Texas Water Commission (the "Commission") against Lakeshore Utility Company, Inc. ("Lakeshore"), seeking injunctive relief and civil penalties for Lakeshore's failure to comply with the Commission's order rendered in Lakeshore's rate case, Docket No. 7964-G. The Commission's enforcement proceeding was before the same district court as was Lakeshore's suit for judicial review of the order issued by the Commission in the rate case. In a single opinion and final judgment, the district court both dismissed the Commission's enforcement action, and reversed the Commission's order issued in the rate proceeding. The district court explained its basis for dismissal of the Commission's enforcement action as follows: "Because the Court has reversed and remanded the Order of the Texas Water Commission in Cause No. 480,160, the enforcement action brought by the Texas Water Commission, Cause No. 481,027 is hereby ORDERED DISMISSED." The Commission appeals.

In a separate appeal, this Court has reversed the district court's judgment in Lakeshore's suit for judicial review, thus affirming in all respects the Commission's order in the rate proceeding. See Texas Water Comm'n v. Lakeshore Util. Co., No. 3-93-432-CV (Tex. App.--Austin May 18, 1994, no writ h.). ⁽¹⁾ Accordingly, because the district court's sole basis for dismissing the enforcement action was its reversal of the Commission's order in the rate proceeding, we reverse the district court's dismissal of the Commission's enforcement action and remand the cause to the district court.

Mack Kidd, Justice

Before Justices Powers, Kidd and B. A. Smith

Reversed and Remanded

Filed: May 18, 1994

Do Not Publish

1.   The two causes were consolidated before this Court for purposes of oral argument only.